Smithtown, NY Landscaping Rules: Tree Removal & Heritage Trees (2026)
Tree removal permit rules in Smithtown, NY, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.
Key Facts
- Permit trigger
- Trees over 3 inches in diameter
- Application fee
- $200 (2026 fee schedule)
- Homeowner exemption
- 10 trees/year, hand tools only
- Penalty
- $500-$2,500 per tree, up to 15 days jail
- Administered by
- Director of Planning / Environmental Protection Director
Summary
Smithtown makes it unlawful to remove, destroy or substantially alter the habit of any tree over three inches in diameter on any parcel, public or private, without a permit. A $200 application fee, Conservation Board review, and often a public hearing apply to non-exempt removals under Town Code Chapter 285.
It shall be unlawful for any owner of real property, as defined herein, or any other person to cause, permit or allow the removal, destruction or substantial alteration of the habit of any tree on any parcel of real property, as defined, in the Town of Smithtown without first having obtained a permit issued therefor as prescribed by this chapter.
Full Breakdown
Every applicant files an original application plus 11 conformed copies with the Town Clerk, including a tree preservation and land clearing plan, names of owners within 200 feet, an aerial photo, and, since 2012, a stormwater pollution prevention plan (Section 285-6). The Town Clerk forwards the application to the Conservation Board, which consults the DEC and Suffolk County Planning Commission, holds a public hearing after 10 days' published notice, and reports findings to the Town Board (Section 285-8). The Town Board then decides by resolution whether the removal will not significantly harm the public interest (Section 285-9).
Several exemptions avoid this process entirely: ornamental pruning, licensed commercial nurseries, surveying and soil work, utility trimming to repair service, DEC actions, land already covered by an approved subdivision or site plan, and non-subdividable residential parcels. The broadest homeowner exemption lets an owner of residentially zoned property remove up to 10 trees per year, using hand-held tools only, for personal use on the property where they reside (Section 285-5H). No certificate of occupancy issues until the Environmental Protection Director confirms compliance with the approved tree preservation plan (Section 285-10). The chapter is administered by Suffolk County police officers, ordinance inspectors, the Director of Planning, or the Environmental Protection Director (Section 285-12).
Violations & Fines
Since the fee schedule was amended by Resolution 2026-136, violating Chapter 285 or exceeding an approved removal draws a fine of not less than $500 nor more than $2,500 for each tree removed or destroyed beyond what was authorized, or imprisonment up to 15 days, or both (Section 285-11C). The Town Board can also order the property restored to its prior condition at the violator's expense; if the Town has to do the restoration itself, the cost is assessed against the property (Section 285-11D). Failing to display written owner consent to cut a tree, on demand of a police officer or Town enforcement employee, is a separate violation under Section 285-4B.
Frequently Asked Questions
Do I need a permit to cut down a tree on my own property in Smithtown?
How much does a Smithtown tree removal permit cost?
What happens if I remove a protected tree without a permit?
Sources & Official References
Other rules in Smithtown
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Tree Removal & Heritage Trees in Nearby Cities
How other cities in Suffolk County handle tree removal & heritage trees.